Driver Lifestyles

Beware: the Bear In The Air

Even if you already knew these officers existed, you may still be confused on why this law enforcement practice is legal. Here's a few of our most recent, most asked questions.

Question: I just got a ticket for speeding by a state trooper who didn't even see me driving. When I asked him why he believed I was speeding, he said the officer flying over head "timed" me. How can law enforcement do this? Don't I have a right to face my accuser?

Answer: First, the actual practice of being a "bear in the air" is legal and has, time after time, been upheld as being constitutional. In fact, the actual process of how a law enforcement officer can be flying in an airplane over head, spot your vehicle, make a determination that you're speeding and radio that determination to another law enforcement official on the ground who stops you and gives you a citation, is really quite interesting.

Simply stated, the officer in the airplane has a stopwatch and, using a very basic mathematical equation of Distance = Rate X Time, calculates your speed by timing how long it takes you to travel between two fixed objects, i.e. the white/yellow lines in the road.

The officer picks a vehicle, starts his stopwatch, watches the vehicle traveling, stops his/her watch at the appropriate moment and makes the mathematical determination that the vehicle was/wasn't speeding at that particular moment.

Then, if it's determined that the vehicle was speeding, the officer radios his/her allegation to the officer on the ground that makes the stop and issues the ticket.

Second, yes, you do have the right to face your accuser . . . and this is where it gets interesting.  Remember, the officer on the ground who actually stopped you and wrote you the ticket DIDN'T ACTUALLY WITTNESS YOU SPEEDING AT ALL.

So, if you decide to plead "Not Guilty," go to Court or send your attorney on your behalf, BOTH officers, i.e. the one on the ground and the one in the plane, MUST be in court to testify about the facts each one, independently, was a witness to. If both officers don't appear, the Judge, unless it's a Pennsylvania Judge, (that's another story) should dismiss the case.

Question: I got a ticket the other day claiming that a "bear in the air" recently got me for speeding in Ohio. Only thing is, I had my cruise control set on 55.  This is crazy! Now what do I do?

Answer: The usual cause is that your truck may simply look like the truck that was allegedly speeding.  Unfortunately, you are now in the system and need to resolve the matter even though you don't believe you were speeding. 

In order to have a shot at having the matter dismissed, you'll need to plead "Not Guilty" to the charge. Then, when you get your new Court date, you or your attorney can appear in Court to argue that you were wrongly charged.

To help your argument, bring a calibration report or any other "ammunition" you have as proof that you were not speeding or that the officer's description of your vehicle listed on the citation is totally inaccurate.

We hope you can use the information in this column to help with every day, real life problems you face on the road.  We invite you to send us any questions or comments you may have regarding transportation law to:

ROAD LAW, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; fax to (405) 272-0558; contact us through our website at www.roadlaw.net. or call us at (405) 272-0555. 

We look forward to hearing from you.